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(영문) 수원지방법원 2020.09.24 2020가단512180
건물인도
Text

1. The defendant shall enter from the plaintiff 22,623,680 won to the 4,331,987 won and the corresponding list from June 1, 2020.

Reasons

1. Basic facts

A. The Defendant concluded a lease agreement with the Plaintiff as KRW 17,207,00, monthly rent of KRW 297,080 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On May 29, 2018, upon renewal of the lease agreement on May 29, 2018, the Defendant paid KRW 7,99,00 in installments (3,196,000 on the renewal date, KRW 2,397,00 until November 30, 2018, KRW 2,397,000 until May 31, 2019, and KRW 2,397,000 including additional interest if the amount of the increased deposit is not paid within the payment period.

(hereinafter “instant lease agreement”). B.

The instant lease agreement provides for the grounds for termination where the Defendant has continuously failed to pay a vehicle for at least three months or violates the obligation under the lease agreement. The said lease agreement provides for the grounds for termination.

5. Article 4(1) of the General Terms and Conditions of the Agreement provides that "if a lessee delays the payment of management expenses and the difference, the overdue interest under Article 1(3) may be paid in addition to the overdue interest calculated by applying the minimum overdue interest rate for general loan loans of a financial institution under the Banking Act, which is a financial institution under the Banking Act, the share of the lending market for household funds of which is the highest."

6. Article 10 of the Special Conditions for Contracts does not specify a lessor by the date when the lessee is obliged to order the public rental housing pursuant to Article 8 of the Special Conditions for Contracts, the lessee shall pay to the lessor an amount equivalent to 1.5 times the basic monthly rent under Article 1(1) of the General Conditions for Contracts for the period from the day following the day when the lessee is obliged to order the house to be built up to the day when the order is given.

On the other hand, the rate of delay damages for rental housing applied from July 1, 2018 is 6.5%.

C. However, the Defendant did not pay KRW 2,573,320 of the increased amount of deposit under the instant lease agreement, and monthly rent from August 2019 to May 2020.

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